personal injury lawyer nyc
What will your Personal Injury Lawyer do?
This is how your personal injury lawyer nyc will work to achieve the best possible outcome for you case.
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Was the injury sustained at work?
Whether your personal injury case eventually settles (as most do) or goes to trial, your personal injury lawyer will be busy trying to get you the best possible result. After all, most personal injury attorneys get paid on a contingency fee basis, meaning the lawyer doesn’t recover fees for representing you unless you recover compensation from the at-fault party. Let’s take a look at some key elements of the role of a lawyer in a typical case involving personal injury.
Initial Demand and Investigation
Your personal injury lawyer nyc will begin by gathering as much information about your case as possible. This includes all information relevant to your case, including details about the extent and nature of your injuries.
- Medical bills
- Medical treatment history
- Police reports
- surveillance footage
- Witness statements
- official government reports.
Next, the attorney will likely make a demand to the insurer of the liable party (in a car accident case, for example, that means the at-fault driver’s car insurance company).
Your personal injury lawyer nyc will review the initial demand and make a recommendation on how to respond. The initial settlement offer is not always the final one. Keep in mind that an attorney will not accept a settlement until they have a complete understanding of the extent of your injuries and any other losses, including future medical care and how your injuries may affect your ability to work.
If, after settlement negotiations, your attorney is unable to get an amount you’re willing to accept, the next thing your attorney will do is begin the lawsuit. (Learn more about your options if you’re at a personal injury settlement impasse.)
The Personal Injury Litigation Procedure
A personal injury lawsuit starts with the filing of the complaint, a legal document listing your legal arguments, the facts in support of those legal arguments, and what you demand in relief.
After you have filed the complaint and served it on the defendant (the person that you are suing), the defendant will respond to your complaint (“an answer”).
The next stage is “discovery”. This is where the parties exchange information that could be used as evidence in court. The discovery phase in most personal injury cases will involve depositions, requests to documents and interrogatories. This process can take several months.
The trial begins after discovery. Pre-trial motions are filed by your attorney to prevent the defendant from using evidence at trial. It’s very rare for a personal injury lawsuit to reach the trial phase. Settlement can be reached at any stage of the process, even up to and including during trial.
Your personal injury lawyer will take care of all aspects of the litigation phase and will keep you updated on your case’s progress.
Things to remember after hiring a lawyer
Most likely, your attorney won’t be able to respond immediately to your emails or phone calls.Lawyers have an ethical obligation to respond to clients in a reasonable time. However, they also have other cases to handle, depositions to complete, and court hearings.
Your lawyer should not keep you in the dark about your case, especially if your opponent makes a settlement offer. Your lawyer can’t accept or decline a settlement offer unless you give your consent.
Talking about your case with someone other than your lawyer, or a representative of your lawyer’s office, is a bad idea.You may get a call fromInsurance adjusterIf you don’t know someone or aren’t familiar with them, don’t speak to them about your case. You can refer any legitimate concerns or questions to your attorney if they have them. A related note: Unless your attorney advises otherwise, don’t sign any documents relating to your case and don’t change doctors.
Keep your lawyer updated. For instance, if you finish yourMedical treatment, tell your attorney. Tell your attorney if the defendant or someone on the defendant attempts to contact you. You may be issued additional medical bills, or other documents to support your claim.DamagesTell your attorney about the claim and send copies of all relevant documents to them.
Tell your attorney if you are having financial difficulties as a result a personal injury.They can help you find financial assistance and offer advice about how to deal with creditors.
After obtaining a Legal Recovery
Your attorney will arrange to collect any money that the defendant has to pay, regardless of whether you win the trial or settle. This could mean contacting the defendant’s insurer and having a check sent directly to your attorney’s offices. You can also file post-trial motions for the collection of the judgment. Learn more about collecting your injury settlement or judgment.
You will sign settlement and release forms if your case is settled. These forms basically say that you will sign settlement and release forms in exchange for compensation.
Learn more about working with your personal injury lawyer.